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• <br />'Any other cost or expense not expressly provided for herein- <br />above for any extraordinary service shall be charged to the party <br />benefitted thereby_ Each party shall pay for and be responsible <br />for its own attorney's fees. <br />SECTION 6. POSSESSION <br />Unless otherwise agreed in writing, Seller shall deliver <br />possession of the Real Property to Buyer on ^~~ November 1 of <br />the year in which Buyer exercises its option to purchase the <br />property. <br />SECTION 7_ RISK OF LOSS; INSURANCE <br />In the event of damage to or destruction of the improvements <br />on the Real Property, prior to Closing, the entire risk of loss <br />shall be Seller's, and the following shall apply: <br />a. If the damage or destruction does not exceed $50,000.00 <br />with respect to the cost of repairs or replacement, and <br />provided that such loss is covered by insurance main- <br />tained by Seller, all insurance proceeds collected by or <br />due to Seller as a result of such damage or destruction <br />shall be paid or assigned to Buyer; or <br />b. If such damage or destruction-exceeds the stated sum set <br />forth hereinabove, or if such Toss is not fully covered <br />by insurance maintained by Seller, Buyer may, at its <br />option, either terminate this.Agreement or proceed with <br />the Agreement and consummate .the purchase. If Buyer <br />elects to proceed with the Agreement, all insurance <br />proceeds collected by or due to Seller as a result of <br />such damage or destruction shall be paid or assigned to <br />Buyer. <br />SECTION 8. MISCELLANEOUS <br />Further Acts <br />The parties agree to perform any further acts and to execute <br />and deliver any further documents which may be reasonably necessary <br />to carry out the intent and provisions of this Agreement. <br />Situs of Agreement <br />The parties agree that the situs of this Agreement is <br />Cleveland, Ohio. All matters pertaining to the validity, con- <br />struction and effect of this Agreement shall be governed by the <br />Laws of the State of Ohio. <br />Counterparts <br />This Agreement may be executed in several counterparts, each <br />of which when so executed shall be deemed to be an original for all <br />•purpos~s. . <br />-4- <br />